On October 30, 2021 in Manchester, Vermont, Hilaria Baldwin and Alec Baldwin discuss the unintentional shooting that injured director Joel Souza and killed cinematographer Halyna Hutchins for the first time.

On Thursday, New Mexico prosecutors rejected allegations made by Alec Baldwin’s attorneys that state officials had disposed of the weapon used to murder cinematographer Halyna Hutchins on the Rust set.

One of Baldwin’s attorneys, Alex Spiro, stated during a hearing on Thursday, “I don’t think the court is aware of this issue, but I think I should notify the court that the firearm in this case… was destroyed by the state. We need to see the gun or what’s left of it because, obviously, it’s an issue.

The state did not destroy the gun that Alec Baldwin used in the shooting that murdered Halyna Hutchins. According to Heather Brewer, a spokesman for the New Mexico First Circuit Attorney’s Office, the weapon is on display for the defense to examine.

“The defense’s surprise claim that the weapon was destroyed by the state during today’s status hearing may be a reference to a claim made in the FBI’s weapons test report from July 2022 that said damage was done to the gun’s internal components during the FBI’s functional testing. The weapon, however, is still present and can be used as proof.

Hutchins was murdered by Baldwin, the “Rust” movie’s star and producer, who had a revolver in her hand. He’s said he didn’t fire the shot.Baldwin’s attorneys and the film’s original gunsmith, Hannah Gutierrez-Reed, appeared virtually at Thursday’s status hearing. The defendants face two separate counts of involuntary manslaughter following the fatal shooting of camerawoman Halyna Hutchins in October 2021. Both charges carry a maximum possible prison sentence of 18 months. A jury will decide which, if any, of the two counts to convict.

Prosecutors are already under pressure for a number of mistakes they have made since criminal proceedings were initiated just over a month ago. For example, the potential 18-month prison sentence is a lesser sentence than was initially provided for Baldwin and Gutierrez-Reed.

Special prosecutor Andrea Reeb originally charged Baldwin with a firearms enhancement that would add five more years to his sentence if convicted. Reeb admitted in emails to Baldwin’s attorneys that she misapplied this improvement, which was not in effect at the time of the shooting.

Baldwin’s attorneys filed a motion for Reeb’s resignation from the case on Feb. 7, which she denied on Monday.

Reeb is also serving as the special prosecutor in the Rust case while serving as a Republican legislator. The New Mexico Constitution prohibits a member of one branch of government from exercising power in another branch.